Criminal Theft

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Act, section and definition

Back 1

Dishonestly appropriate property belonging to another with the intention to permanently deprive (Theft Act 1968 s(1)1)

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AR of theft

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Appropriation (S3)

Property (S4)

Belonging to another (S5)

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Definition of appropriation

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Assumption of the rights of the owner (Theft Act 1968 S3(1))

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Morris

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Only one right is sufficient - no need to assume every right

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Atakpu

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Appropriation occurs at one point in time for theft

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Pitham and Hehl

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Offering someone else's property for sale is appropriation

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Lawrence

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D can appropriate even with consent

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Gomez

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Can appropriate if they obtained owners consent by deception

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Hinks

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D can appropriate even where voluntary gifts are made

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Corcoran v Anderton

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No need to escape with the property

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Belonging to another definition

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Possession or control in it, or having in it any proprietary right or interest (TTA 1968 S5(1))

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Webster

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more than one person can have an interest in it

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Can abandoned property be stolen

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No

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Ricketts

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Lost property can be stolen unless the original owner can't be found after taking reasonable steps

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Klineberg and Marsden

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If given property with a certain task, and you don't, then it can be stolen as it still legally belongs to the person who gave it you

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Property definition

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Money and all other property, real or personal, including things in action and other intangible property (TTA 1968 S4(1))

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TTA 1968 s 4(3) and 4(4)

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Wild flowers or fruit can't be stolen unless for financial gain (S4(3))

Wild animals can't be stolen unless for financial gain or from a captor (S4(4))

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Oxford V Moss

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Confidential information isn't property

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Doodeward v Spence

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Dead bodies aren't property

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R V Smith

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Illegal drugs are property

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Marshall

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Reselling unexpired tickets that have been discarded is theft

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Kelly

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Body parts can be property

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TTA 1968 S5(4)

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If given something by mistake and under a legal duty to return it but keep it then it amounts to theft

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Gilks

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Property doesn't have to be returned if there is only a moral obligation to do so

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3 circumstances where D won't be dishonest

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They believed they had a legal right to the property (Robinson) s2(1)(a)

Belief the owner would have consented (Holden) s2(1)(b)

Belief they couldn't trace owner after taking reasonable steps (small) S2(1)(c)

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If they had an honest belief...

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Ghosh Test

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Objective Test: was the D's conduct dishonest by the ordinary standards of reasonable and honest people?

Subjective Test: did the D realised their conduct would be considered dishonest by these standards

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TTA 1968 s6(1)

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D has the intention to permanently deprive if they treat the property as their own regardless of the owners rights

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Lloyd

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If borrowing / lending D must take all the goodness, virtue and practical value to establish intention to permanently deprive

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Velumyl

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Must return actual property otherwise intended to permanently deprive

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A-G ref nos 1+2 of 1979

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Conditional intent can be enough to establish attempt

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Turner

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Can steal own property if someone else has an interest in it

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Woodman

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Can be in control of property you don't know you possess